Equitable Servitudes 1 Equitable Servitudes Generally A covenant
Equitable Servitudes 1
Equitable Servitudes -- Generally �A covenant enforced as running with the land in a court of equity even though it does not meet all the requirements of a real covenant. �Key issues: Which element(s) of a real covenant may be lacking? What substitutes for the missing element(s)? 2
Tulk v. Moxhay Leicester Square -- 1750 3
Tulk v. Moxhay Equestrian Statute -- 1790 4
Tulk v. Moxhay Leicester Square -- today 5
Tulk v. Moxhay �Court was willing to relax mutual privity requirement in equity because of Moxhay had notice. � Accordingly, he is bound even though elements of real covenant not satisfied. 6
London County Council v. Allen 7
London County Council v. Allen �Court unwilling to relax benefit must touch and concern land requirement. 8
Equitable Servitudes Texas Elements 9
Texas Elements of Equitable Servitudes 1. Successor to burdened land took with notice of the restriction. 10
Texas Elements of Equitable Servitudes 1. Successor to burdened land took with notice of the restriction. 2. Covenant limits the use of the burdened land. 11
Texas Elements of Equitable Servitudes 1. Successor to burdened land took with notice of the restriction. 2. Covenant limits the use of the burdened land. 3. Covenant benefits the land of the party seeking to enforce it. 12
Implied Reciprocal Equitable Servitude 13
Implied Reciprocal Equitable Servitude 1. Lots in residential subdivision originally owned by common owner/developer. 14
Implied Reciprocal Equitable Servitude 1. Lots in residential subdivision originally owned by common owner/developer. 2. Owner/Developer imposed restrictions in deeds of most conveyed parcels. 15
Implied Reciprocal Equitable Servitude 1. Lots in residential subdivision originally owned by common owner/developer. 2. Owner/Developer imposed restrictions in deeds of most conveyed parcels. 3. Developer imposes general plan upon subdivision (uniform restrictions on most deeds, recorded declaration, etc. ). 16
Sprague v. Kimball 17
Sprague v. Kimball (Seller) Δ Sprague (Purchaser with restrictions) π Grossman (Purchaser w/o restrictions) Δ 18
Sanborn v. Mc. Lean House a few blocks away from Collingwood & Second 19
Sanborn v. Mc. Lean Type of gas station Mc. Lean wants to build. 20
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